United India Insurance Co vs Legal Heirs Of Decd. Hareshbhai ...

Citation : 2025 Latest Caselaw 2414 Guj
Judgement Date : 8 August, 2025

Gujarat High Court

United India Insurance Co vs Legal Heirs Of Decd. Hareshbhai ... on 8 August, 2025

                                                                                                                     NEUTRAL CITATION




                              C/FA/976/2013                                          ORDER DATED: 08/08/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 976 of 2013

                      ==========================================================
                                          UNITED INDIA INSURANCE CO
                                                     Versus
                           LEGAL HEIRS OF DECD. HARESHBHAI @HARIBHAI KARSHANBHAI
                                                PARMAR & ORS.
                      ==========================================================
                      Appearance:
                      MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
                      MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
                      MR PALAK H THAKKAR(3455) for the Defendant(s) No. 7
                      MR.HIREN M MODI(3732) for the Defendant(s) No. 2
                      RULE NOT RECD BACK for the Defendant(s) No. 6
                      RULE SERVED for the Defendant(s) No. 3,4,5,8
                      UNSERVED EXPIRED (R) for the Defendant(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                            Date : 08/08/2025

                                                                ORAL ORDER

1. The present appeal is preferred by the appellant against the judgment and award dated 01.10.2011 passed by learned Motor Accident Claims Tribunal (Aux.), Bhavnagar in MACP No.453 of 2005 on various grounds.

2. Heard learned advocates for the respective parties and perused the record.

3. The learned Tribunal has after considering the arguments of the learned advocates for the respective Page 1 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Aug 08 2025 Downloaded on : Wed Aug 13 22:06:31 IST 2025 NEUTRAL CITATION C/FA/976/2013 ORDER DATED: 08/08/2025 undefined parties awarded compensation of Rs.3,80,072/- with interest at the rate of 7.5% wherein liability of appellant is Rs.1,90,036/-. Considering the smallness of amount, this Court finds no reason to interfere in the impugned judgment and award passed by the learned Tribunal. The present First Appeal stands disposed of. Notice/Notice of admission is discharged. Interim relief, if any, stands vacated.

4. It is made clear that this order would have no bearing and/or shall not be considered as precedent in any of the matters connected to the accident in question vis-a-vis the impugned judgment and award.

5. Record and proceedings, if any, be sent back to the concerned Court immediately.

6. Since the main Appeal is disposed of, Civil Application/s pending, if any, would not survive and stand disposed of accordingly. Rule/Notice in the Civil Application/s, pending, if any, is discharged. Page 2 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Aug 08 2025 Downloaded on : Wed Aug 13 22:06:31 IST 2025

NEUTRAL CITATION C/FA/976/2013 ORDER DATED: 08/08/2025 undefined

7. The learned Tribunal is directed to disburse the entire amount to the claimant/s after due and proper verification. While making the payment, learned Tribunal shall deduct the Court Fees, if not paid, in accordance with Rules/Law.

(J. L. ODEDRA, J) CHIRAG D PAL Page 3 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Aug 08 2025 Downloaded on : Wed Aug 13 22:06:31 IST 2025